Section 190. Application for license  


Latest version.
  • 1. To conduct games of chance. (a)
      Each applicant for a license shall, after  obtaining  an  identification
      number  from  the  board,  file  with the clerk or department, a written
      application therefor in a form to  be  prescribed  by  the  board,  duly
      executed and verified, in which shall be stated:
        (1)  the  name  and  address of the applicant together with sufficient
      facts relating to its incorporation  and  organization  to  enable  such
      clerk  or department, as the case may be, to determine whether or not it
      is a bona fide authorized organization;
        (2) the names and addresses of  its  officers;  the  place  or  places
      where,  the  date  or  dates  and  the  time or times when the applicant
      intends to conduct games under the license applied for;
        (3) the amount of rent to be paid or other consideration to  be  given
      directly  or indirectly for each licensed period for use of the premises
      of an authorized games of chance lessor;
        (4) all other items of expense intended to  be  incurred  or  paid  in
      connection  with  the holding, operating and conducting of such games of
      chance and the names and addresses of  the  persons  to  whom,  and  the
      purposes for which, they are to be paid;
        (5) the purposes to which the entire net proceeds of such games are to
      be devoted and in what manner; that no commission, salary, compensation,
      reward or recompense will be paid to any person for conducting such game
      or  games  or  for assisting therein except as in this article otherwise
      provided; and such other information as  shall  be  prescribed  by  such
      rules and regulations.
        (6)  the  name  of  each single type of game of chance to be conducted
      under the license applied for and the number of merchandise  wheels  and
      raffles, if any, to be operated.
        (b)  In  each application there shall be designated not less than four
      bona fide members of the applicant organization under whom the  game  or
      games of chance will be managed and to the application shall be appended
      a  statement  executed  by  the members so designated, that they will be
      responsible for the management of such  games  in  accordance  with  the
      terms  of  the  license,  the  rules  and regulations of the board, this
      article and the applicable local laws or ordinances.
        2. Authorized games of chance lessor: Each applicant for a license  to
      lease premises to a licensed organization for the purposes of conducting
      games  of  chance  therein  shall  file  with the clerk or department, a
      written application therefor in a form to be  prescribed  by  the  board
      duly  executed  and verified, which shall set forth the name and address
      of the applicant; designation and address of the premises intended to be
      covered by the license sought; a statement that  the  applicant  in  all
      respects conforms with the specifications contained in the definition of
      "authorized organization" set forth in section one hundred eighty-six of
      this  article;  a  statement  of  the  lawful  purposes to which the net
      proceeds from any rental are to be devoted by the  applicant,  and  such
      other information as shall be prescribed by the board.
        3.  In  counties  outside  the  city  of New York, municipalities may,
      pursuant to section one hundred eighty-eight of this article,  adopt  an
      ordinance  providing  that an authorized organization having obtained an
      identification number from the board and having applied for no more than
      one license to conduct games of chance during the period not  less  than
      twelve nor more than eighteen months immediately preceding may file with
      the clerk or department a summary application in a form to be prescribed
      by  the  board  duly  executed  and  verified,  containing the names and
      addresses of the applicant organization and its officers, the date, time
      and place or places where the applicant intends to conduct  games  under
      the  license  applied for, the purposes to which the entire net proceeds
    
      of such games are to  be  devoted  and  the  information  and  statement
      required  by paragraph (b) of subdivision one of this section in lieu of
      the application required under subdivision one of this section.
        4. Notwithstanding and in lieu of the licensing requirements set forth
      in  this article, an authorized organization defined in subdivision four
      of section one hundred eighty-six of this article may  file  a  verified
      statement,  for  which  no  fee  shall  be  required,  with the clerk or
      department and the board attesting that such organization  shall  derive
      net  proceeds  or net profits from raffles in an amount less than thirty
      thousand dollars during one occasion or part thereof  at  which  raffles
      are  to  be  conducted.  Such  statement  shall be on a single page form
      prescribed by the board  and  shall  be  deemed  a  license  to  conduct
      raffles:  (a)  under  this article; and (b) within the municipalities in
      which the authorized organization are  domiciled  which  have  passed  a
      local  law,  ordinance  or  resolution  in  accordance with sections one
      hundred eighty-seven  and  one  hundred  eighty-eight  of  this  article
      approving  the  conduct  of games of chance, and in municipalities which
      have passed a local law, ordinance  or  resolution  in  accordance  with
      sections  one  hundred eighty-seven and one hundred eighty-eight of this
      article approving the conduct of games of chance that are located in the
      county in which the municipality issuing the license is located  and  in
      the   counties   which  are  contiguous  to  the  county  in  which  the
      municipality issuing the  raffle  license  is  located,  provided  those
      municipalities  have  authorized  the licensee, in writing, to sell such
      raffle tickets therein.  An  organization  that  has  filed  a  verified
      statement with the clerk or department and the board attesting that such
      organization shall derive net proceeds or net profits from raffles in an
      amount  less  than  thirty  thousand dollars during one occasion or part
      thereof that in fact derives  net  proceeds  or  net  profits  exceeding
      thirty thousand dollars during any one occasion or part thereof shall be
      required  to  obtain  a license as required by this article and shall be
      subject to the provisions of section one hundred ninety-five-f  of  this
      article.